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Fred Hampton — Part 3
Page 119
119 / 251
Nos. 77-1698, 77-1210 & 77-1370 115
_ Other charges of obstructionism upon which the plain-
tiffs rely amount to nothing more than nonfeasance, or
failure to act.
Again, the fragmentation of the complaints creates
difficulties. These matters are all interrelated and when
they are viewed in the light of a nonsupportable claim of
conspiracy as to the raid, the prosecutorial immunity,
the nonexistence of claims based upon mere negligence,
the existence of law violations in the illegal possession of
firearms and the fact that the plaintiffs who were
offered an opportunity to appeer and participate in the
post-raid investigations declined to do so, I find no merit
in the claim that the charged obstructionism was the
basis for an action against the defendants.
3. Groth’s informant. I must confess that I fail to
comprehend the considerable emphasis given to this
matter. I have no idea whether Groth did or did not
have his own informant; but I cannot agree with Judge
Swygert’s conclusion that the lack of or unreliability of the
informant, or the furnishing of incorrect information by
the’ informant, would, on the facts of this case, place the
search warrant in any serious jeopardy. I do know that a
knowledgeable and reliable informant-known to be such - - -
to a law officer provided information which was passed
through a reliable chain of law enforcement officers into
an application for a search warrant and the information
so furnished was correct. And it was on this judicially
issued search warrant that the police officers acted as
they had to do.
At one point in their brief, the Anderson plaintiffs say
they are seeking to learn the identity of the informant in
order to “try and find” evidence of illegality. Mere
speculation or suspicion that an informant might be of
some assistance should not be sufficient to overcome the
public interest in the protection of an informant’s identi-
ty.
The matter of protecting the identity of a confidential
informant, in my opinion, is one of extreme importance
in law enforcement. Perhaps if this were the best of all
worlds, spying would not be tolerated because there
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